Can I include my spouse and children in my U Visa application?
- 1 day ago
- 2 min read
Can I Include My Spouse and Children in My U Visa Application? By Dr. Marc Anthony Santamaria, SJD | Founding Attorney, Santamaria Law Firm, P.C. & Lecturer at UC Berkeley Law
Victims of qualifying crimes often worry about whether seeking justice will force them to separate from their families. At Santamaria Law Firm in San Francisco, we understand that keeping your family together is your top priority.
Can my spouse and children get a U Visa if I apply? Yes, depending on the factors below. U.S. immigration law allows the principal U Visa applicant to petition for certain qualifying family members, known as "derivatives."
If you are over 21, you can petition for your spouse and unmarried children under the age of 21.
If you are under 21, you can petition for your spouse, unmarried children under 21, parents, and unmarried siblings under 18.
These rules are governed by primary federal regulations under 8 C.F.R. § 214.14.
Do my family members also need to be victims of the crime? No. Only the principal applicant must prove they suffered substantial physical or mental abuse as a result of a qualifying crime and were helpful to law enforcement. Your qualifying derivative family members do not need to have been victims or involved in the criminal investigation to be included in your application.
How do we ensure the principal applicant’s case is strong enough to protect the whole family? Securing derivative visas depends entirely on the approval of the principal applicant's U Visa. To increase the likelihood of success on your case, Santamaria Law Firm strengthens complex U Visa petitions through a unique academic and professional experience and partnerships.
Dr. Marc Santamaria cross-trained with psychology PhD students on how to write psychological reports for these kinds of cases and we work with experienced psychologists who have experience writing U Visa-related psychological reports.
This interdisciplinary approach allows us to assist clients in building robust, clinical psychological reports that objectively document trauma to USCIS adjudicators, heavily reinforcing the principal application.
Need Legal Help to Keep Your Family Together? Dr. Marc Santamaria is an active member of the American Immigration Lawyers Association (AILA) and a Lecturer teaching legal research at UC Berkeley Law. Our culturally responsive team provides comprehensive legal support in English, Spanish, Portuguese, Mandarin, Vietnamese, and Tagalog. We will apply our experience and cultural knowledge to assist you. Contact Santamaria Law Firm, P.C. today to evaluate your family's U Visa eligibility.
Disclaimer: This content is shared for general educational purposes only and does not constitute legal advice. Viewing or interacting with this blog does not create an attorney-client relationship. Immigration situations vary from case to case. For legal guidance specific to your situation, consult with a licensed immigration attorney.
Thank you for shedding light on the requirements for a U visa application.
Keeping your family together is possible through the U Visa process. A strong case can make all the difference.
This is really helpful, especially because a lot of clients are genuinely afraid that starting a U Visa case might separate them from their families. I like how clearly you break down who qualifies as derivatives depending on age—that’s something people get confused about all the time. The point about family members not needing to be victims is also huge and not always well understood. And I completely agree that the strength of the principal application is everything—those psychological reports can really make a difference in showing the full impact of the harm. Thanks for explaining this in such a clear and practical way.
This is such helpful information! It’s great to know that the U Visa process provides a pathway for families to stay together while seeking safety and legal status in the U.S.
Excellent explanation highlighting how the U Visa process helps protect not only victims but also keeps families together. Many people are unaware that qualifying family members do not need to be crime victims to benefit as derivatives. Thank you for sharing such valuable information with the immigrant community.